Shute v. Keyser
| Decision Date | 15 May 1893 |
| Docket Number | No. 1,187,1,187 |
| Citation | 37 L.Ed. 884,149 U.S. 649,13 S.Ct. 960 |
| Parties | SHUTE, Sheriff, et al. v. KEYSER |
| Court | U.S. Supreme Court |
R. F. Brent, for the motion.
Wm. Allen Butler and John Notman, opposed.
This was an action brought in the district court of Gila county, Ariz, by William Keyser against George E. Shute, sheriff of that county, and certain judgment creditors of the Old Dominion Copper Mining Company, to enjoin the threatened sale, under an execution against that company, of mining property of which Keyser claimed to be the owner, which resulted in a decree in favor of Keyser according to the prayer of the complaint. The case was carried by appeal to the supreme court of the territory, and the judgment affirmed, (29 Pac. Rep. 386,) whereupon an appeal to this court was allowed, and the case having been duly docketed, now comes before us on motion to dismiss.
The citation was signed March 12, 1892, and made returnable on the first day of the ensuing October term; and one of the two grounds relied on in support of the motion is that the citation should have been returnable within 60 days from the signing of the same, under section 5 of rule 8 and section 4 of rule 9 of this court. It is true that the rules so provide, but, as the purpose of the citation is notice, so that the appellant may appear and be heard, any defect in that regard is not jurisdictional, and a new citation might be taken out, if necessary, which, however, it is not, as the appellees have appeared generally.
The second ground of the motion is that by reason of the provisions of the judiciary act of March 3, 1891, the appeal was improperly allowed, and cannot be maintained.
By section 702 of the Revised Statutes and the act of March 3, 1885, (23 Stat. 443, c. 355,) the final judgments and decrees of the supreme courts of the territories, where the matter in dispute, exclusive of costs, exceeded the sum of $5,000, might be reviewed or reversed or affirmed in this court upon a writ of error or appeal in the same manner and under the same regulations as the final judgments and decrees of a circuit court. By the fifth section of the judiciary act of March 3, 1891, it was provided that appeals or writs of error might be taken directly to the supreme court from the district and circuit courts in six classes of cases therein enumerated, neither of which classes includes the pending case. By the sixth section the circuit courts of appeals, established by the act, were to exercise appellate jurisdiction to review by appeal or writ of error final decisions of the district and circuit courts in all cases other than those provided for in the fifth section,...
To continue reading
Request your trial
-
Ex parte Moran
... ... Comp. St. 1901, pp. 549, 554); Act Jan. 20, 1897, c. 68, 29 ... Stat. 492 (U.S. Comp. St. 1901, p. 556) 139 U.S. 707, 11 ... Sup.Ct. iv; Shute v. Keyser, 149 U.S. 649, 13 ... Sup.Ct. 960, 37 L.Ed. 884; Plymouth Cordage Co. v ... Smith, 194 U.S. 311, 314, 24 Sup.Ct. 725, 48 L.Ed. 992 ... ...
-
Hart v. Wiltsee, 2070.
...1; Mendenhall v. Hall, 134 U. S. 559, 10 S. Ct. 616, 33 L. Ed. 1012; Dayton v. Lash, 94 U. S. 112, 24 L. Ed. 33; Shute v. Keyser, 149 U. S. 649, 13 S. Ct. 960, 37 L. Ed. 884; Jacobs v. George, 150 U. S. 415, 14 S. Ct. 159, 37 L. Ed. 1127; Dodge v. Knowles, 114 U. S. 430, 5 S. Ct. 1197, 29 L......
-
Borrego v. Cunningham
...district court of New Mexico. This result is not affected by the judiciary act of March 3, 1891 (26 Stat. 826, c. 517). Shute v. Keyser, 149 U. S. 649, 13 Sup. Ct. 960; Folsom v. U. S., 160 U. S. 121, 16 Sup. Ct. 222; In re Lennon, 150 U. S. 393, 14 Sup. Ct. 123; In re Heath, 144 U. S. 92, ......
-
Charles Simms v. Hannah Simms
...affected the appellate jurisdiction of this court from the territorial courts. 26 Stat. at L. 828, 830; Shute v. Keyser, 149 U. S. 649, 37 L. ed. 884, 13 Sup. Ct. Rep. 960; Aztec Min. Co. v. Ripley, 151 U. S. 79, 38L. ed. 80, 14 Sup. Ct. Rep. Under the existing acts of Congress, therefore (......